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Senior couple in a domestic partnership smiling in their kitchen as the woman holds a homemade plum cake while her partner washes dishes in the background.

Estate Planning for Domestic Partnerships

November 26, 2025/in Estate Planning /by Michael Lonich

Committed relationships can take different forms. Whether it’s a marriage or a domestic partnership, the couple intends to spend their lives together.

However, the law sees relationships in terms of legal responsibilities and protections. There are key differences between marriage and domestic partnership that can affect your rights if one partner becomes incapacitated or passes away. Ensuring that your partner is legally protected and your wishes are honored requires careful estate planning.

Understanding Domestic Partnership Rights

To be recognized as domestic partners, a couple must complete a Declaration of Domestic Partnership with California’s Secretary of State. To register, both parties must be unencumbered by marriage or another domestic partnership and capable of consent.

Registered domestic partners have many of the same rights as legally married spouses, including community property rules, health insurance coverage, and inheritance rights. Domestic partners can also make financial and medical decisions for each other in some circumstances. Still, these protections aren’t necessarily automatic, and without clear legal documents in place, you risk family members or the state controlling your health, finances, and estate.

Domestic Partners Need a Strong Estate Plan

While domestic partners have several rights under California law, those rights can be challenged. While you may intend for all of your assets to transfer to your partner, there is the risk of complications. There may be a disagreement within the family, or the laws may change. An estate plan provides clarity and reduces the risk of conflict.

With an estate plan, you can ensure that your partner inherits the assets as you intended. Furthermore, you can appoint the person you want to make all the financial and medical decisions if you become incapacitated

Essential Estate Planning Documents

An estate plan should be crafted to fit your objectives, but certain components should be included in a comprehensive plan.

1. Last Will and Testament

Your will allows you to name who will inherit your assets and name an executor to oversee the settling of your estate. If you have minor children, you can name who you want to be their legal guardian if you were to pass away.

Without a will, your property will be distributed according to California’s intestacy laws, which may not align with your wishes.

2. Power of Attorney

This legal document grants your partner the authority to handle your financial matters on your behalf if you can’t do so yourself.

3. Advance Directives

An advance directive authorizes your partner to make medical decisions for you if you are incapacitated. You can also state your wishes for end-of-life care, such as “Do Not Resuscitate” or “Do Not Intubate” orders.

4. Beneficiary Designations

Life insurance policies, pensions, and retirement plans allow you to name beneficiaries to receive the proceeds if you die.

5. Living Trust

By placing your assets in a living trust, they can avoid probate and transfer directly to your partner.

Unique Concerns for Domestic Partners

While California recognizes registered domestic partners, the United States government does not. This could impact federal benefits and certain tax advantages, which makes careful planning even more essential.

Let LPEP Law Help with your Estate Plan

A well-drafted estate plan tailored to your domestic partnership can ensure your loved one is protected and your wishes are honored. Our attorneys at Lonich Patton Ehrlich Policastri are estate planning experts and can help you navigate the process.

Contact us at (408) 553-0801 to schedule your free consultation. You will have peace of mind knowing that everything is legally compliant.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

A separated couple pulling apart a broken house, symbolizing family conflict and custody disputes influenced by climate change.

Climate Change and Family Law: Relocation Disputes Due to Environmental Factors

November 19, 2025/in Family Law /by Gretchen Boger

Relocation and custody disputes are nothing new. Family courts have been adjudicating these types of cases for years. Parents need (or want) to move for a variety of reasons such as pursuing new job opportunities or wanting to be closer to their family. But what happens if the relocation request is due to environmental factors stemming from climate change?

Climate change is no longer relegated to melting ice caps far away and air pollution in big cities. Extreme weather events, flooding, wildfires, and heat waves, among other things, are affecting more and more families, forcing parents to make life-altering decisions about how to deal with evacuations, where to live, and how to keep their children healthy and safe.

If one parent wants to move to another city or even another country to escape the effects of climate change but the other wants to stay, they should first try to reach a mutual agreement to revise their child custody agreement. However, if they cannot agree, the parent who wants to move will likely need to file a relocation or move-away case in family court.

Factors the Court Considers

In most relocation disputes, a judge will consider several factors, including:

The reason for the requested move
The child’s relationship with both parents
The impact on the child’s wellbeing (i.e., what’s in the child’s best interests?)
Practical implications on the custody arrangement (i.e., will the child be able to maintain a relationship with both parents?)

How Climate Change Affects Relocation Disputes

Relocation due to environmental factors is not a preference but a matter of survival for some parents. For instance, California residents struggling in the wake of wildfires or families living in coastal areas that are being threatened by sea-level rise might feel like environmental risks outweigh the benefits of their current living situation. Safety and stability for their family, rather than a lifestyle choice or convenience, is at the root of these types of climate-driven relocation decisions.

Legal Questions to Be Answered

If the relocation and custody dispute ends up in family court, judges will likely need to answer some difficult legal questions. How real is the risk? When does a move actually become necessary as opposed to preferred? What if one parent can’t move away from the area of concern? Does that mean the child will not maintain contact with that parent? As with other relocation disputes, the court will always prioritize the best interests of the child; however, in cases where climate change is the driving factor, lawmakers will likely need to present scientific evidence such as climate risk assessments.

Get Help With Your Relocation and Custody Dispute

Are you considering a relocation due to environmental factors such as the threat of natural disasters, storms, pollution, or flooding and having trouble agreeing on changes to your custody agreement? Don’t hesitate to put your family’s health, safety, and security first. Schedule a free consultation with the family law experts at Lonich Patton Ehrlich Policastri (LPEP Law). We have years of experience in helping parents navigate difficult child custody issues. Get the help you need with your relocation and custody dispute today.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Document labeled “Last Will and Testament” placed on a wooden desk beside a pen, symbolizing estate planning and legal preparation.

The Dos and Don’ts of Creating a Last Will and Testament

November 12, 2025/in Estate Planning /by Michael Lonich

Creating a last will and testament may not be at the top of your to-do list, but it’s one of the most important steps you can take to protect your family and your assets. A will ensures that your wishes are carried out after you pass away, helping to avoid confusion, disputes, and unnecessary stress for your loved ones.

But writing a will isn’t as simple as jotting down who gets what on a piece of paper. There are important rules to follow, and mistakes can have serious consequences. Below are some key dos and don’ts to keep in mind.

The Dos

Make your wishes clear: Your will should outline exactly how you want your assets, such as your home, savings, and personal belongings, distributed. Being clear prevents misunderstandings later.
Name an executor you trust: This person will be responsible for carrying out the instructions in your will. Choose someone dependable and organized, and let them know in advance.
Consider guardianship if you have children: If you have minor children, you can use your will to name a guardian who would care for them. This decision is too important to leave up to the courts.
Update your will after major life events: Marriage, divorce, the birth of a child, or buying property are all good reasons to review and update your will. Life changes, and your will should reflect that.
Work with an attorney or estate planner: While online forms may seem tempting, California has strict requirements for a valid will. An attorney can make sure your document meets all legal standards and truly reflects your wishes.

The Don’ts

Don’t put it off: Many people delay writing a will because it feels uncomfortable, but the truth is, waiting only increases the risk of leaving your family without guidance if something unexpected happens.
Don’t assume everything will “just work out.”: Without a valid will, California law is responsible for determining who inherits your property and assets. That may not match what you want.
Don’t forget about debts and taxes: As well as assets, your will should also address how your debts, taxes, or other obligations will be handled to avoid surprises for your family.
Don’t rely on handwritten notes: While handwritten (holographic) wills can be valid in California under certain conditions, they’re often challenged in court. A properly prepared will is much stronger.
Don’t go it alone: Even a small mistake, such as missing signatures or unclear wording, can render a will invalid. Professional guidance can save your loved ones from lengthy legal battles.

Create a Last Will and Testament With Support From LPEP

A last will and testament gives you peace of mind knowing your family is cared for and your assets are distributed the way you intend. It’s essential that your will is accurate, comprehensive, and legally valid.

At Lonich Patton Ehrlich Policastri, we help clients create clear, legally sound wills tailored to their unique needs. Our estate planning team makes the process simple and ensures your wishes are protected.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

A man holding a small house in his hand symbolizing divorce, property division, and child custody decisions.

Can Child Custody Be in a Prenuptial Agreement?

November 5, 2025/in Family Law /by Gina Policastri

Child custody and prenuptial agreements are becoming increasingly popular these days. More people are realizing that a prenup isn’t just for rich people to safeguard their wealth during a divorce. Instead, they can be valuable tools for setting expectations about assets, businesses, and debts.

However, one question is often asked: can you use a prenup to decide child custody arrangements if the marriage ends?

The short answer is no. While prenups are excellent tools for financial planning, custody decisions are based on the child’s best interests. Understanding the limits of a prenuptial agreement is essential to protecting your rights and your family’s future.

What Prenuptial Agreements Can Cover

Prenuptial agreements are legal contracts that enable couples to establish rules regarding financial matters before they get married. When you consider that money arguments are a leading cause of divorce, a prenup can encourage open and honest conversations.

If one spouse enters the marriage already owning a significant amount of assets, a prenuptial agreement ensures that these assets won’t be lost if the couple divorces. Conversely, if the spouse has a considerable amount of debt, the other partner won’t be responsible for paying it. A prenuptial agreement can also protect a family business from being divided or gifts intended for children from prior relationships.

A prenup can also dictate whether either spouse will receive support and in what amount. These agreements provide financial clarity and peace of mind.

Why Child Custody is Different

The courts base their custody decision on the best interests of the child, not a prenuptial agreement between parents. When making their determination, they look at factors such as:

The child’s age and health
The child’s relationship with each parent
Each parent’s ability to provide a stable and loving environment
The educational needs of the child
The child’s preference, depending on their age

Circumstances change over time; therefore, custody can’t be predetermined years in advance with a prenuptial agreement.

If you attempt to include custody terms in a prenuptial agreement, the court will likely disregard them and other unenforceable clauses, while upholding the remainder of the contract. However, if the judge believes the agreement is extremely one-sided or overly restrictive, it could raise questions about its fairness, thereby putting the entire prenup’s validity at risk.

While you can’t address custody arrangements in a prenup, couples can include other provisions related to children, such as:

Setting up college funds or trusts
Nonbinding statements regarding education and religion
Agreements on funding major expenses like extracurricular activities

Alternatives for Addressing Child Custody Concerns

Rather than relying on a prenup, parents separating or divorcing typically determine custody through parenting plans, which are detailed agreements about co-parenting responsibilities, decision-making, and schedules.

Courts prefer that parents draft their own parenting plans or work with a mediator (a neutral third party) to create a plan that works for the entire family. In situations where mediation is unsuccessful or the parents can’t agree, the court will intervene to determine custody. As the children grow and circumstances change, arrangements can be adjusted to meet the family’s evolving needs.

How LPEP Law Can Help

Prenuptial agreements are powerful tools for financial planning, but they can’t be used to dictate child custody. If you’re considering a prenuptial agreement, our attorneys at Lonich Patton Ehrlich Policastri can help. We will draft a prenuptial agreement tailored to your specific financial circumstances, ensuring it’s fair and in the best interest of you and your children.

Contact us at 408-553-0801 or visit our website to schedule your free consultation. You will have peace of mind knowing that your financial future is protected.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Woman holding a small house model in her hands, symbolizing life insurance trusts, financial protection, and secure future planning.

The Role of Life Insurance Trusts in Estate Planning: Maximizing Your Benefits

October 29, 2025/in Estate Planning /by Michael Lonich

You probably already know that estate planning is one of the best ways you can provide for your loved ones in the future, protect your assets, and assure your legacy continues. What you might not know is that a life insurance trust can be an effective tool to provide liquidity, reduce estate taxes, and preserve wealth and assets for future generations. Learning more about the role that life insurance trusts can play in your estate planning can help maximize your benefits for your loved ones.

What is a Life Insurance Trusts?

When you buy a life insurance policy, it is a contract to provide benefits to your loved ones at the time of your death. A life insurance trust is a legal entity created to own and manage that life insurance policy on your behalf. When you create a life insurance trust and fund it, the trust becomes the official owner of the policy, rather than you, the insured individual.

Key Benefits of a Life Insurance Trust

There are several benefits to choosing a life insurance trust, including:

Estate Tax Reduction

If you have a life insurance policy in your own name, death benefits would usually be included in your estate, which could increase the estate tax liability for your beneficiaries. By setting up a life insurance trust, however, you effectively exempt the proceeds from the life insurance from your taxable estate. Beneficiaries can then receive the full payout from your life insurance tax-free.

Liquidity for Estate Expenses

In many cases, your loved ones will be faced with funeral expenses, outstanding debts, and estate taxes, which they will need to pay quickly. With a life insurance trust, benefits can provide immediate cash to help cover these expenses. Having access to these funds could protect your family from having to sell off family assets like your home or business to raise the needed money.

Control Over How Proceeds are Distributed

Some individuals choose a life insurance trust because it allows them to set specific terms for how and when the proceeds get distributed to beneficiaries. For instance, you might choose to delay access to the funds until your beneficiaries reach a certain age or set up regular disbursement periods. This capability might be especially important if you have minor children or a child or other beneficiary with special needs and want to make sure they have ongoing financial support instead of one, lump-sum payout.

Protection from Creditors and Lawsuits

As mentioned earlier, assets held in a life insurance trust are protected from estate taxes, but they are also generally protected from creditors that might pursue your beneficiaries. Especially if they are involved in divorce proceedings, lawsuits, or have personal business liabilities.

Talk to an Estate Planning Expert about a Life Insurance Trust

It’s important to talk with an estate planning attorney about how to set up a life insurance trust and how it fits in with the rest of your estate planning. The estate planning group at Lonich Patton Ehrlich Policastri (LPEP Law) have a wealth of expertise in the full range of estate planning legal services, including setting up trusts. Schedule your free, no-obligation consultation to speak with us at LPEP Law about how you want to protect and provide for your family in the future.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

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LONICH PATTON EHRLICH POLICASTRI

1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.

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